Terms and conditions of using AiKAO timekeeping app

AiKAO timekeeping app is built and managed by Neos Vietnam International Company Limited (Neos VN). By using AiKAO's services, you agree to the terms and conditions listed below.

Article 1 (Use rights)

Neos Vietnam agrees to give customers the right to use but does not have the right to transfer to a third party without the agreement of Neos Vietnam. In addition, the specific contents regarding the use of this service will be implemented according to the "AiKAO" user registration form.

Article 2 (Service Usage Fees)

Usage fees for the service are calculated according to the agreed quotation.

Article 3 (Conditions of Use)

1. Customers may only use this service within the permitted scope specified in the "AiKAO" service registration form and may not use it outside of that scope.

2. Customers will use application based on Neos Vietnam's notes to improve service. This service can not be transferred, subleased or disclosed to the third .

Article 4 (Scope of application and amendment of terms of use)

1. This agreement will apply to all relationships related to this service between Neos Vietnam and the customer

2. Neos VN may change the content of this agreement without the customer's consent and the amended terms will prevail.

3. Neos VN will notify customers after changing the terms, before the date the modified terms take effect. In addition, Neos VN will notify on the service website (URL: https://smart-aikao.com).

Article 5 (Application of this service)

1. When registering to use this service, customers must agree to this agreement and fill in the fields specified on the application form designated by Neos VN (hereinafter referred to as "form") on paper or Electronic means apply in case of any changes.

2. The usage contract will be established when Neos VN accepts the registration application in the previous clause. However, if the customer violates any of the following items and is discovered by Neos VN after signing the contract, Neos VN will notify the customer of the violation and the contract will be canceled.

* If the customer does not comply with the registration content specified by Neos VN or if the customer violates other terms in the contract.
* If the customer's name is not a company (Including businesses that Neos VN recognizes as equivalent to a company)
* When business or technical problems occur or are likely to occur in the provision of this service
* If the customer is found to be an organization that engages in anti-social activities or is involved in anti-social activities.
* Other cases that Neos VN considers inappropriate

Article 6 (Invoice and payment of usage fees)

1. Neos Vietnam will invoice the customer for the usage fee described in the registration form and the customer will pay according to the conditions stated in the registration form. In addition, Neos VN's payment method will issue an invoice according to the content on the registration form

2. If the usage fee is overdue and the customer has not yet made payment, the customer will bear interest rate of 10% per year according to the number of days until payment is completed, from the date the payment is due. Late payment interest will be paid along with unpaid usage fees.

3. In case Neos Vietnam issues an incorrect invoice to the customer, the period from the date the customer sends the invoice back to Neos VN for correction and the period until the payment date stated on the corrected invoice will not be counted to time for calculating overdue payment interest.

4. The provisions of the above three sections will apply when Neos directly signs a contract to use this service with the customer and will not apply when the contract is signed indirectly through a sales agent.

Article 7 (Amendment, additions and termination of this service)

1. Neos VN may add and change all or part of this service without prior notice to customers. However, Neos VN must ensure that the features of this service are described in the original agreement.

2. Neos VN may terminate all or one part of this service by notifying customers 3 months in advance.

Article 8 (Intellectual Property Rights)

We encourage customers to respect the intellectual property rights of others. If you believe that material on an app or website linked to by AiKAO violates your copyright, please notify Us immediately. We will respond to such notices, including taking appropriate action by removing the infringing material or disabling all links to the infringing material.

Article 9 (Dispute Resolution)

1. In case third party files a lawsuit, a protest, or a complaint, etc., claiming that all or part of the service violates that third party's intellectual property rights, Neos Vietnam will take the responsibility and costs to resolve complaints, etc.

2. According to the above section, if it is determined that all or one part of this service violates the intellectual property rights of a third party, Neos will take any of the following measures.

* Modified so as not to violate this service.
* Permission from a third party must be received so that customers can use this service without any obstacle.

Article 10 (Confidentiality)

1. Neos VN and customers, without prior written permission from the other party, are not allowed to leak or disclose to third parties such as received technical information, business information or other information. Other information by word of mouth or in writing previously presented is called the other party's secret based on the contract and the content of this contract. May not be used for purposes other than the performance of this contract.

2. In addition to the above provisions, the subjects with confidentiality rights and obligations specified in this Article are not included in the information that the receiving party can prove belongs to any of the following items.

* Information was publicly available at the time of disclosure
* Information already in the possession of the receiving party at the time of disclosure
* Information becomes public after disclosure through no fault of the receiving party
* Information that the receiving party legally obtained from a third party
* Information developed independently by the receiving party without reliance on confidential information
* Information that the disclosing party has agreed in writing to exclude from confidential information

3. Neos Vietnam and customers must keep it confidential from its employees, including the parent company or subsidiary (company that owns or owns the majority of voting rights of all shareholders) , confidential and business-related information will not be disclosed or disclosed to third parties other than attorneys, certified public accountants and tax accountants who are obligated to do so without the prior consent in writting of the other party.

4. Neos VN and the customer will only use confidential information to perform this agreement and will not use such information for any other purpose without the prior written consent of the other party.

5. Neos Vietnam and the customer will only be able to copy confidential information to the minimum extent necessary to perform this contract. In addition, when both parties copy confidential information on this item, the security mark accompanying the confidential information must also be attached to the copy.

6. If disclosure of confidential information is required by a judicial or administrative authority or by order, the parties shall disclose the confidential information to the minimum extent necessary after making clear that it is confidential to the other party's secret. However, both parties must immediately notify the other party about the content of the order or request.

7. The obligations in this section will remain in effect for three years after termination of this Agreement.

Article 11 (Transfer of Rights and Obligations)

Both parties may not transfer all or one part of the rights, obligations and receivables under this Contract to a third party without the other party's prior written consent or may not use it as collateral.

Article 12 (Termination of contract)

1. If the other party falls into any of the following categories, Neos VN or the customer will request in writing the other party to fix the problem and if the repair is not done within 15 days, the service will be canceled. The service may be suspended in whole or in part or the usage contract may be canceled.

* In case of hindering the operation of this service or defaming the reputation of the opponent or a third party
* In case there is an incorrect entry or misrepresentation of the content of other notices in the terms of use
* In case the business license is revoked or suspended by a supervisory authority
* In case a cause arises that makes it difficult to implement this agreement
* Where all or part of the rights and obligations under the usage contract are lent, transferred or pledged to a third party as collateral regardless of whether there is a profit or not.
* In case of any other violation of the provisions of these Terms, etc.

2. If the other party falls into any of the following cases, Neos VN or the customer can cancel the usage contract without prior notice.

* If an invoice or self-drawn check is dishonored, if there is an application for confiscation, temporary confiscation, disposal or temporary auction, if a disposal decision is received due to tax arrears, procedures bankruptcy, corporate reorganization proceedings, civil recovery proceedings or special proceedings.
* If there is a request to initiate liquidation proceedings, if liquidation proceedings are initiated, if the company is wound up without a merger, if the company attempts to transfer all or a significant part of its business yourself to a third party, or if there are other financial conditions required.
* If there are reasonable grounds for degradation or possible degradation When it is clear that it is a group carrying out anti-social activities or a group associated with them

3. In case of any of the following events, Neos Vietnam may temporarily suspend provision of all or part of the Services by notifying the customer in advance (or after the event in case of emergency).

* When performing work such as routine or emergency maintenance and inspection of this service
* In case of errors, etc., in the Service
* When it is difficult to provide this service due to power outages, fires, earthquakes, labor disputes or other reasons that do not belong to our company.
* In addition to the above items, when there is a reasonable operational or technical reason for this service

4. If all or part of this service is lost or damaged due to natural disasters or other force majeure, and this service becomes unusable and cannot be restored, we will notify to the contractor so you can cancel the usage contract.

5. Regardless of whether or not there is a reason, the Company may cancel this entire service and cancel the contract of use by notifying the contractor three months in advance.

6. Ngay cả trong trường hợp Dịch vụ bị đình chỉ hoặc hợp đồng sử dụng bị chấm dứt theo Điều khoản này, trừ khi được quy định khác trong Thỏa thuận này, Công ty sẽ không chịu trách nhiệm pháp lý với Nhà thầu hoặc bất kỳ người nào khác (bao gồm cả người được miễn trừ, v.v.) sẽ không được sinh ra.

Article 13 (Termination of Services by Customer)

Customers may terminate all or part of this service by notifying Neos VN at least one month in advance.

Article 14 (Handling at the end of this service)

1. If the service contract is canceled or terminated, the customer may not use this service at all and immediately return all items due to us or dispose of them according to our instructions.

2. If the usage contract is terminated, we will be able to delete all data, etc. registered in this service even after the termination date has passed is our responsibility.

Article 15 (Contract renewal)

In case of re-signing the usage contract after terminating the usage contract, our company will not restore past data or receive past data.

Article 16 (Compensation for damage)

Subject to the limitations set forth herein, the parties agree to defend, indemnify and hold harmless each other, including their respective subsidiaries and affiliates, directors, officers, employees or agents. and their respective representatives, from all claims, losses, damages, liabilities and expenses (including without limitation reasonable attorney's fees and court costs), arising out of , relating to or connected with a material breach of these Terms, or any agreement between the parties or any allegation that any information or material (including any Content) violates any rights of any third party.

Customer understands and agrees that, by using the Products and/or Services, you are solely responsible for any data, including personally identifiable information, collected or processed through Our Products and/or Services. You will defend, indemnify and hold us harmless, without limitation, against all damages related to (alleged) breach of any privacy laws through use of the Products and/or Services in your account

Article 17 (Other provisions)

If any part of these Terms is held invalid or unenforceable, that part will be construed to reflect the Parties' original intent, and the remaining portions will remain in full force and effect.

A waiver by either party of any term or condition of these Terms or any artical thereof, in any one instance, will not waive such term or condition or any breach thereof

Customer may only assign its rights under these Terms to any party who consents to, and agrees to be bound by, the terms herein in writing. We may assign rights under these Terms at our sole discretion. These Terms will be binding upon and inure to the benefit of the parties, their successors and assigns.

Additional
This regulation takes effect from January 1, 2023.

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